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/ COMMISSION OF THE EUROPEAN COMMUNITIESBrussels, 10.6.2009
SEC(2009) 765 final
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
JUSTICE, FREEDOM AND SECURITY IN EUROPE SINCE 2005:
AN EVALUATION OF THE HAGUE PROGRAMME AND ACTION PLAN
Follow-up of the implementation of legal instruments in the fields of justice, freedom and security at national level
Implementation Scoreboard
{COM(2009) 263 final}
{SEC(2009) 766 final}
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Legal instrument[1] / Deadline for implementa-tion/ entry into force / Reports and other in-depth analysis[2] / Current state of play[3] /Communication of national measures to the Commission / Compliance/application /
1. GENERAL ORIENTATIONS[4]
1.2. Respect for and active promotion of fundamental rights
· Protection of personal data
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data[5] / 24 October 1998 / Report from the Commission on the implementation of the Directive of 15.5.2003[6], report prepared on behalf of the Commission on the economic evaluation of the Directive dated May 2005[7] as well as the Communication of 7.3.2007 on the follow-up of the Work Programme[8]. / All Member States have adopted and communicated legislation under the Directive. / Even though all Member States have now transposed the Directive, some of them have failed to incorporate a number of its important provisions. In other cases, transposition or practice has not been conducted in line with the Directive or has fallen outside the margin of manoeuvre left to Member States. This has resulted in a number of infringement proceedings. In two cases concerning incorrect implementation and application of the Directive, Germany was sent a reasoned opinion on 29 June 2007 in one case and referred to the Court on 22 November 2007 (case C-518/07, still pending) in another case.
1.4. European strategy on drugs
The Drugs Action Plan (2005-2008) in the framework of the EU Drugs Strategy 2005-2012 / 2008 / Commission annual progress review on implementation of the Action Plan by all stakeholders (Member States, Commission, EMCDDA, Europol). The first progress review was presented in December 2006 followed by a progress review presented in December 2007[9]. Final evaluation was presented on 18 September 2008.[10] / Not applicable in a legal sense, but there is consensus among the Member States to report to the Commission under the Action Plan. There are regular reporting activities from Member States to the Commission, the EMCDDA (through the Reitox network) and Europol. / The 2007 Progress Review reports on progress achieved by all stakeholders (Member States, Commission, EMCDDA, Europol) and on aspects to improve.
The 2008 Final Evaluation showed that the objectives of the Plan have been partly achieved:
- Although drug use in the EU remains at high levels, available data suggest that the use of heroin, cannabis and synthetic drugs has stabilised or is declining but that cocaine use is rising in a number of Member States.
- Data available for comparable countries in other parts of the world show that the consumption of cannabis, cocaine, and amphetamines in the EU is significantly lower than, for instance, in the US.
- Evidence shows that the EU is succeeding in at least containing the complex social phenomenon of widespread substance use and abuse in the population, and that it is increasingly focusing on measures to address the harm caused by drugs to individuals and society.
- In terms of international cooperation, there is now better coordination of EU positions in international fora on drugs. Moreover, the EU’s integrated and balanced approach to drugs is increasingly serving as a model for other countries worldwide.
While progress has been made in many areas, weaknesses have also been identified. Policy coordination problems persist in many areas, within the Commission, between Member States, and within Member States, and even if the quality of information on the EU situation regarding drug use, prevention and treatment has consistently improved, considerable knowledge gaps remain.
Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking.[11] / 12 May 2006 / A report from the Commission is due by 12 May 2009 under the Framework Decision, which should serve as a basis for the report from the Council, due by 12 November 2009. / Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, France, Latvia, Lithuania, Luxembourg, Hungary, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden have communicated their transposition measures.
Ireland, Greece, Spain, Italy, Cyprus, Malta and UK have not yet fulfilled their communication obligation. / The report on transposition is not yet available. Details will be provided in the Commission's report, due by 12 May 2009. Amendments are likely to be called for.
Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk assessment and control of new psychoactive substances.[12] / 21 May 2005 / The EMCDDA and Europol must report annually to the European Parliament, the Council and the Commission on implementation of this Decision. / If the Council decides to submit a new psychoactive substance to control measures, Member States shall report the measures taken to the Council and the Commission. / The 2006 report from the EMCDDA and Europol analysed the first months of implementation. The 2007 Report reflected on the implementation of the instrument in 2006: 7 new substances were notified. The EMCDDA and Europol produced a Joint Report on one of them, called BZP. On 23 March 2007 the Council requested a risk assessment on psychoactive substance BZP to be carried out by the extended Scientific Committee of the EMCDDA. On 16 July 2007 the Commission decided on the basis of the evidence collected through the risk assessment procedure to propose to the Council to make the BZP subject to drug control measures and criminal provisions. The proposal was discussed and approved by the Horizontal Working Party on Drugs on 10 September 2007. The Council adopted the Decision on 7 March 2008 (2008/206/JHA)[13] and Member States shall take the necessary measures no later than one year from this date.
2. STRENGTHENING FREEDOM
2.1. Citizenship of the Union
Article 22 of the EC Treaty: reports from the Commission to the European Parliament, to the Council and to the Economic and Social Committee every three years on the application of the provisions of Part Two of the Treaty on “citizenship of the Union” / Five Commission reports on Citizenship of the Union, dated 20.12.1993[14], 27.5.1997[15], 7.9.2001[16], 26.10.2004[17] and 15.2.2008 (from 1.5.2004 to 30.6.2007)[18]. / Not applicable. / All Commission reports focus on the provisions of Part Two of the EC Treaty related to the rights of Union citizens. The Commission's 5th Report on Citizenship of the Union, which covers the first years following the Union's enlargement to 12 new Member States, highlights a number of developments and problems encountered in this area.
Directives 90/364 of 28 June 1990[19], 90/365 of 28 June 1990[20] and 93/96 of 29 October 1993[21] on the right of residence of inactive persons, pensioners and students / Expired[22] / Two Commission reports were adopted on 17.3.1999[23] (period 1992-1999) and 5.3.2003[24] (period 1999-2002). A third and last report was adopted by the Commission on 5.4.2006[25] (period 2003-2005). / All Member States have adopted and communicated national transposing measures. / Application is basically satisfactory, as the declining number of complaints received by the Commission shows. Nevertheless, there are still individual cases of non-compliance or incorrect application.
Netherlands was ruled against by the Court for non-compliance with the Directive 90/364 on 10 April 2008 (case C-2006/398). The Netherlands has adopted legislation to comply with the judgement but the Commission is still examining how this applies in practice.
On 17 October 2007 the Commission decided to refer France to the Court for non-compliance with Directives 90/364, 90/365 and 93/96.
Belgium was ruled against by the Court for non-compliance notably with Directive 90/364 on 23 March 2006 (case C-408/03). On 23 October 2007 the Commission sent a reasoned opinion under Article 228 of the EC Treaty for non-compliance with the judgement of the Court. New legislation adopted by Belgium appears to rectify the infringement.
Directive 64/221 of 25February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health[26]; Directive 72/194 of 18 May 1972 extending to workers exercising the right to remain in the territory of a Member State after having been employed in that State the scope of the Directive of 25 February 1964[27]; Directive 73/148 of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services[28]; Directive 75/34 of 17 December 1974 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity[29]; Directive 75/35 of 17 December 1974 extending the scope of Directive 64/221 to include nationals of a Member State who exercise the right to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity[30] / Expired[31] / A Commission report on Directive 64/221 was adopted on 19July 1999[32]. / Communication of measures transposing Directives 72/194, 73/148, 75/34, 75/35 and 64/221 is completed. / Application of these directives is basically satisfactory, as the declining number of complaints received by the Commission shows. Nevertheless, there are still individual cases of non-compliance or incorrect application.
Netherlands was ruled against by the Court in two cases of incorrect application of Directive 64/221 in expulsion cases, on 7 June 2007 (joint cases C-2006/050). The Commission is examining the measures adopted by the Netherlands (the Aliens Circular) to comply with the judgement.
Belgium was ruled against by the Court for non-compliance notably with Directive 90/364 on 23 March 2006 (case C-408/03). On 23 October 2007 the Commission sent a reasoned opinion under Article 228 of the EC Treaty for non-compliance with the judgement of the Court. New legislation adopted by Belgium appears to rectify the infringement.
Italy was sent a reasoned opinion on 1 December 2008 for incorrect application of Directives 68/360 and 73/148.
Directive 2004/38 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221, 68/360, 72/194, 73/148, 75/34, 75/35, 90/364, 90/365 and 93/96[33] / Implementa-tion due by 30 April 2006 / A Commission report on Directive 2004/38 was adopted on 10 December 2008. / All Member States have adopted and communicated national transposing measures. / The Commission Report shows that the overall transposition of Directive 2004/38 is rather disappointing. Not one Member State has transposed the Directive effectively and correctly in its entirety. Not one Article of the Directive has been transposed effectively and correctly by all Member States.
On the other hand, in some areas Member States adopted transposition measures that are more favourable to EU citizens and their family members than required by the Directive itself.
In the thirty months since the Directive has been applicable, the Commission has received more than 1800 individual complaints, 40 questions from the Parliament and 33 petitions on its application. It has registered 115 complaints and opened five infringement cases for incorrect application of the Directive.
The problems revealing persistent violation of the core rights of EU citizens are mostly related to:
- the right of entry and residence of third country family members (problems with entry visas or when crossing the border, conditions attached to the right of residence not foreseen in the Directive and delayed issue of residence cards);
- the requirement for EU citizens to submit with the applications for residence additional documents not foreseen in the Directive.
The difficult issues of interpretation which have arisen so far can be addressed by issuing guidelines following further discussion and clarification.
Directive 93/109/EC of 6December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals[34] / Implementa-tion due by 1 February 1994 / Two Commission reports on its application were adopted on 7 January 1998[35] and on 18 December 2000[36]. On 12 December 2006 the Commission adopted a third report: Communication on European elections 2004[37]. / Communication of national measures is considered satisfactory. / Conformity of the legislation of the 12 newest Member States with the Directive is currently being assessed by the Commission. Requirement of a permanent residence or other additional conditions imposed on EU citizens are amongst difficulties that the assessment revealed. Discussions and contacts with the Member States shall take place in 2009 in view of ensuring correct implementation of the Directive.
In 2006 the Commission proposed to amend the Directive 93/109 by introducing measures that lighten the burden on candidates and Member States while providing the necessary guarantees against abuses[38].
Implementation by the 12 new Member States is currently being assessed by the Commission.
1976 Act[39] on the election of representatives of the European Parliament by direct universal suffrage as amended by Council Decision 2002/772/EC, Euratom[40] / Implementa-tion due by 1 April 2004 / No report provided for under the Decision. / Not applicable / A study for assessing conformity of the legislation of the Member States with the Act has been launched in 2008. Final results are expected for 2009.
Council Directive 94/80 of 19December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals[41] / Implementa-tion due by 1 January 1996 / A Commission report was adopted on 30 May 2002[42], together with two reports, dated 22 November 1999 and 22August 2005, on granting derogation pursuant to Article 19(1) of the EC Treaty, presented under Article 12(4) of Directive 94/80[43].